Smt. Ranibai Shriram Jaiswal (Dead) Through Lrs. Ashok S/O Shriram Jaiswal And Others v. State Of Maharashtra Through Secretary, Excise And Prohibition Department, Mumbai And Others

caw.2124.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.683 of 2018 in Civil Application [CAW] No.2124 of 2017 in Writ Petition No.1504 of 2004 Smt. Ranibai Shriram Jaiswal, through its Legal Heirs vs.

State of Maharashtra, through Secretary, Excise and Prohibition Department, Mumbai and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri C.B. Dharmadhikari, Advocate for the Applicants. Shri S.P. Hedaoo, Advocate for the Petitioners. Shri N.S. Rao, A.G.P. for Respondent Nos.1 to 3.

CORAM

: S.B. SHUKRE, J.

DATE : 4 th JUNE, 2018.

I have heard this matter for some time. It has transpired that the issue of legal heirs, so far as the applicants are concerned, has been decided in their favour after the original writ petition was finally disposed of by this Court on 06/05/2004. If this is the case, it would be appropriate that the applicants should raise this issue before the competent authority by making an appropriate representation.

The learned Counsel for the applicants agrees and, therefore, on instructions, he seeks leave of the Court to withdraw the application with liberty to file a representation before the competent authority i.e.

caw.2124.17 2/2 respondent No.3 for inclusion of the names of the applicants in the CL-III License No.99 as the legal heirs, while keeping all the issues raised in this application open.

Leave with liberty, as prayed for, is granted. The application is disposed of as withdrawn. All issues are kept open. If any such representation is filed, same shall be decided in accordance with law by the competent authority within three months form the date of filing of representation or the date of the order, whichever is later.

Civil Application [CAW] No.2124/2017 is also disposed of in the above terms.

JUDGE *sandesh